A minor with any BAC OWI charge in Michigan will suspend a person's license for at least 30 days, or up to one year depending on whether or not the individual consented to a breathalyzer test following the arrest. The license penalties for an underage DUI can be long lasting and affect an individual's ability to get to and from their school or job. If you are facing these license penalties, contact a Michigan underage DUI lawyer for assistance immediately.
Consequences of a ConvictionThe individual charged with an underage DUI will be informed of their license suspension with a letter indicating the 30 days beginning and end dates. After the license suspension has ended, they will have to pay a $125 license reinstatement fee and driving responsibility fees, which is $375 as of September 2016, however, in 2017 this will be lowered to $250.
The charge itself will stay on the underage driver's license record for seven years and the points will remain for two years. Additionally, it is likely that the insurance company will learn of the charge and increase insurance rates even more than they already are.
Refusing Chemical TestsThere are chemical test rights that indicate the penalties for those who refuse to take them following a DUI arrest. As long as the rights are read verbatim, the officer only has to prove that the minor manifested a lack of willingness to take this test in order to inflict the penalties. A lack of willingness may be indicated by not blowing hard enough into the machine or some other type of refusal as long as it is proved beyond a reasonable doubt.
If the individual charged refuses the test, then they will have a temporary paper license issued to them that gives them the right to have a driver's license appeal hearing, if requested within 14 days. Once the hearing has been requested, the underage driver will have continued use of their license until that hearing.
Driver's License Appeal HearingAt the driver's license appeal hearing, the police officer who charged the individual would appear and need to prove four things. These include:
In the case that the officer was able to prove a perfunctory showing of all four elements a driver's license suspension would take effect shortly following the hearing for one year. To gain the right for a restricted license is a difficult process to go through and a Michigan underage DUI attorney is necessary.
Obtaining a Restricted LicenseThe restricted license from an implied consent violation requires an appearance at the circuit court to obtain from a judge through the power of equity to obtain some level of driving rights. However, the standard restricted license in Michigan is automatic, based on a conviction.
That restricted license just simply comes in the mail. There is a beginning date of the restrictions and end dates of the restrictions and you have to pay $125.00 in order to reinstate the license at the end of the restrictions. If you fail to pay $125 to reinstate, the license would just continue in a suspended state so it is very important that people make sure to pay the fee.